Harry Reid

Mr. REID

Mr. REID. Mr. President, the Senate operates by cooperation and consent. So it is unfortunate that we could not reach an agreement yesterday to consider amendments to the Marketplace Fairness Act, a measure that will provide parity between brick-and-mortar retailers and online stores. A few Senators have held up this important legislation--and I mean a few--legislation which proponents have advocated for 11 years. The able sponsors of this bill--Senators Enzi, Durbin, and Alexander--are continuing to work to get an agreement on a list of amendments upon which the Senate could vote. Three-quarters of the Senate support this measure. A number of those who do not vote with us do not oppose this legislation, they are doing it for other reasons. This is overwhelmingly important legislation, but, as we saw with the background check measure and the other gun matters last week, here in the Senate a minority of Senators can block even measures with overwhelming support. We found that on background checks. This bill is no exception. Despite 75 votes to proceed to the Marketplace Fairness Act, just a few individual Senators are vowing to derail this legislation. Absent consent, we will vote on closure on this measure an hour after we convene tomorrow. I remain open to an agreement to consider amendments to this legislation. The proponents of this legislation have worked for a long time to move forward. They worked all day yesterday and the day before to come up with a list of amendments. No one is trying to prevent amendments, except a handful of Senators. I am eager to conduct an open debate on this bill, but time is winding down. One way or another we are going to finish work on this measure before we leave for our instate work period, even if it takes the weekend. Those people--that handful of people--should understand that. The calendar is simply too full to allow this important measure to hold over until next month. The Senate must complete work on job-creating water resource legislation and a farm bill during the May work period so we can move forward on the immigration debate in June. We have had eight Senators who have spent days, weeks, working on an immigration bill. We have a bipartisan bill coming to the Senate with a system to fix our broken immigration system, just like we have a bipartisan bill on the Senate floor today. The only way we get things done around here is with Senators working together. The immigration bill is a good example of that, and this bill is a good example. We cannot let a few people stand in the way of fairness. That is what this is all about.

Mr. REID

Mr. REID. Mr. President, I ask unanimous consent that as soon as I finish my brief remarks, the Senator from Montana be recognized to respond to the remarks of the Senator from North Dakota.

Mr. REID. Mr. President, this is not a partisan bill. There are times I am on the floor advocating for partisan advantage, but that is not what we have here. We have managers of this bill who have worked very hard for a long time, and this is where we are now. We are to a point where there have been a number of amendments offered, there have been objections made, and so no amendments are allowed to be debated or voted on, and that is where we find ourselves procedurally. As the manager of the Senate, I am left with no option except to look to the next alternative to try and move things along, which will be after midnight tonight. At 12:30 a.m. or 1 a.m. this morning, we would have a vote on cloture on the bill. I say to my friends who oppose this--and I know they believe in their opposition to it fervently--it is a big waste of time. We have had overwhelming votes twice. Whether we vote after midnight tonight or at 6 p.m. this evening, it will still be the same result. So I would hope those who oppose this will take a look at this and maybe arrive at a point so we can have a vote earlier. If that doesn't happen, everyone should understand we are going to come here sometime after midnight tonight and move forward on this legislation. After that, of course, it is only a majority vote to complete this legislation. The managers are still ready to allow amendments to be offered. It is getting late in the day. The 30 hours is grinding to a halt. I hope we can get something done and move on.

Mr. REID. Mr. President, I ask unanimous consent that the vote on the motion to invoke cloture on S. 743 occur this evening at 5:35 p.m.; further, that if cloture is invoked, all postcloture time be considered expired at 5 p.m. Monday, May 6; the Durbin amendment No. 745 then be withdrawn; that no other second-degree amendments be in order; that the Senate then proceed to vote in relation to the Enzi-Durbin amendment No. 741; that upon disposition of the amendment, the Senate proceed to vote on passage of the bill, as amended, if amended; finally, that the filing deadline for second-degree amendments be 4 p.m. Monday, May 6. Mr. President, just briefly, I appreciate very much the fact this is a consent agreement I had nothing to do with. I appreciate all the good work of everyone who was involved in this.

Mr. REID

Mr. REID. Madam President, I ask unanimous consent that notwithstanding rule XXII, the Senate proceed to a period of morning business, and during that period of time Senators be allowed to speak for up to 10 minutes each.

Mr. REID

Mr. REID. Madam President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. REID

Mr. REID. Mr. President, I move to proceed to Calendar No. 44, S. 601.

Mr. REID. Madam President, I send a cloture motion to the desk.

Mr. REID. I ask unanimous consent that the mandatory quorum required under rule XXII be waived, and that the cloture vote occur on Monday, May 6, following the disposition of the Marketplace Fairness Act.

Mr. REID

Mr. REID. I ask unanimous consent the Senate proceed to executive session to consider nominations 24, 25, 61, and 89.

Mr. REID. I ask unanimous consent that the nominations be confirmed en bloc, the motion to reconsider be considered made and laid on the table, there be no intervening action or debate, and that no further motions be in order to any of the nominations, any statements be printed in the Record, and the President be immediately notified of the Senate's action, and the Senate then resume legislative session.

Mr. REID

Mr. REID. Madam President, I ask unanimous consent that at a time to be determined by me, in consultation with Senator McConnell, the Senate proceed to executive session to consider Calendar No. 42; there be 1 hour for debate equally divided in the usual form; that upon the use or yielding back of that time, the Senate proceed to vote with no intervening action or debate on the nomination; that the motion to reconsider be considered made and laid on the table, with no intervening action or debate, and no further motions be in order to the nomination; that any statements related to the nomination be printed in the Record, and that the President be immediately notified of the Senate's action, and the Senate then resume legislative session.

Mr. REID

Mr. REID. Madam President, I ask unanimous consent that the Senate proceed to S. 853, introduced earlier today.

Mr. REID. Before we hear from my friend from Maine, I appreciate very much her tenacity, her diligence, and that of Senator Rockefeller and others. This is something that has been difficult, but I think it is the right thing to do. Hopefully when we get back, we can have something broader in scope than just this.

Mr. REID. Madam President, we were able to accomplish two very important things this week. One is the final passage of the Internet tax issue, but that is because it was a bipartisan issue, and we were able to get this done. Madam President, I ask unanimous consent that the bill be read three times and passed and that the motion to reconsider be laid upon the table, with no intervening action or debate.

Mr. REID. Madam President, I ask unanimous consent that if the Senate receives a bill from the House and the text of that bill is identical to S. 853, the bill then be considered read three times and passed and the motion to reconsider be considered made and laid upon the table.

Mr. REID

Mr. REID. I ask unanimous consent that notwithstanding the upcoming recess or adjournment of the Senate, the President of the Senate, the President pro tempore, and the majority and minority leaders be authorized to make appointments to commissions, committees, boards, conferences, or interparliamentary conferences authorized by law, by concurrent action of the two Houses, or by order of the Senate.

Mr. REID

Mr. REID. I ask unanimous consent that when the Senate completes its business today, it adjourn and convene for pro forma sessions only, with no business conducted on the following dates and times, and that following each pro forma session the Senate adjourn until the next pro forma session: Friday, April 26 at 11:30 a.m., Tuesday, April 30 at 10 a.m., and Friday, May 3 at 2 p.m.; and that the Senate adjourn on Friday, May 3 until 2 p.m. on Monday, May 6, 2013; that on Monday, following the prayer and pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, the time for the two leaders be reserved for their use later in the day; that following any leader remarks, the Senate be in a period of morning business until 5:30 p.m. with Senators permitted to speak for up to 10 minutes each; further, I ask unanimous consent that the previous order with respect to S. 743 be modified to provide that at 5:30 p.m., the Senate resume consideration of S. 743, all postcloture time be considered expired, and all other provisions remain in effect.

Mr. REID

Mr. REID. Madam President, I ask unanimous consent that the Senate proceed to the immediate consideration en bloc of the following resolutions, which were submitted earlier today: S. Res 118, S. Res. 119, S. Res. 120, S. Res. 121, S. Res. 122, S. Res. 123, S. Res. 124, and S. Res. 125.

Mr. REID. Mr. President, this resolution concerns a request for testimony in writing, documents, and representation in a pro se civil action pending in Connecticut federal district court. In this action, the plaintiff claims that a bar mitzvah was held in the Greenwich Town Hall, allegedly in violation of the Constitutions of the United States and the State of Connecticut. The plaintiff has issued a subpoena to Senator Blumenthal, who attended a Town Hall event preceding the alleged bar mitzvah, and to his office, requesting the production of a deposition by written questions from the Senator and documents. Senator Blumenthal would like to cooperate by providing testimony in writing and relevant documents. The enclosed resolution would authorize the production of written testimony from the Senator and relevant office documents, where appropriate. It would also authorize the Senate Legal Counsel to represent the Senator, his office, and any employee of the Senator's office from whom evidence may be sought in this case. S. Res. 122

Mr. REID. I ask unanimous consent that the resolutions be agreed to, the preambles be agreed to, and the motions to reconsider be laid on the table en bloc, with no intervening action or debate.

Mr. REID

Mr. REID. If there is no further business to come before the Senate, I ask unanimous consent that the Senate stand adjourned under the previous order.

Mr. REID

Mr. REID. Madam President, I appreciate the Chair's patience. There will be up to three rollcall votes Monday, May 6: two votes in order to complete the Marketplace Fairness Act and a third vote on the motion to invoke cloture on the motion to proceed to WRDA. I am told we may not have to have that third vote.

Mr. REID

Mr. REID. Mr. President, I appreciate very much the Chaplain's prayer, but I especially want to recognize the last line or two of his prayer today where he indicated that he wanted a special blessing on the Capitol Police. I am happy the Sergeant at Arms was here when that prayer was being given, because the Chaplain is right. Every day the Capitol Police protect us; that is, Senators and staff, but also the millions of visitors who come to this massive complex every year. We see them standing there at guard, watching the doors. We need to do that because a few years ago we had some madman crash through the House side and kill some police officers. We see that things have gotten more difficult since then. We have people standing with automatic weapons. We have bomb squads. We have dogs that work with us so well. We have people who are on bicycles. But with the appropriations process coming soon,--I hope--we have to make sure we supply the Capitol Police with the tools and materials and equipment they need to continue doing their job. Is it inconvenient for people coming here, and for us on occasion? The answer is yes. But they are doing that for us, for the people who come to this complex. I want to acknowledge the good Chaplain. I appreciate his remarks on behalf of the people who protect us here every day.

Mr. REID

Mr. REID. Mr. President, following leader remarks the Senate will be in morning business until 10:30. Republicans will control the first half, the majority the final half. Following morning business, the Senate will proceed to executive session to consider the nomination of Jane Kelly to be United States Circuit Judge for the Eighth Circuit and the nomination of Sylvia Burwell to be Director of the Office of Management and Budget. At noon there will be up to three rollcall votes: confirmation of Kelly and Burwell and adoption of the motion to proceed to the Marketplace Fairness Act.